03/13/2026
Anyone else following what may become the Supreme Court’s next major decision in tax foreclosure law?
In 2023, the Tyler v. Hennepin County decision ruled that governments cannot keep the surplus equity when they take someone’s property for unpaid taxes. In other words, if someone owes $20,000 in property taxes and their $300,000 home is taken and sold, the government cannot simply keep the remaining equity. That practice—often referred to as “equity theft”—was ruled unconstitutional.
The ruling raised big questions for states like New Jersey, where tax lien foreclosures have historically allowed municipalities or private lien holders to acquire properties worth far more than the tax debt.
Now the Court is being asked to look at another issue in Pung v. Isabella County.
The key question:
If a government sells a foreclosed property at auction and returns the surplus proceeds, is that enough?
Or should the government be responsible if the property sells for far less than its true market value?
For example:
• Property market value: $350,000
• Tax debt: $25,000
• Auction sale price: $250,000
Even if the homeowner receives the surplus after the tax debt is paid, they may still have lost significant equity because forced auctions often produce lower prices than traditional market listings.
Depending on how the Court rules, this case could have major implications for tax foreclosure systems nationwide.
It could also reshape how governments dispose of foreclosed properties—and potentially bring more homes into the traditional real-estate market. Perhaps via the use of a Realtor which would likely increase the demand for realtors.
Personally, we believe the goal should be simple: when someone loses their home over a tax debt, and we're still doing everything in our power to make sure that doesn't happen, the system should still protect as much of their equity as possible.
What do you think?